Minnesota Legislature
HF 791
as introduced - 91st Legislature (2019 - 2020) Posted on 04/11/2019 12:23pm
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/07/2019 |
Current Version - as introduced
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A bill for an act
relating to human services; establishing criminal penalties for failing to cooperate
in child care assistance program fraud investigations; amending Minnesota Statutes
2018, sections 245E.03, subdivision 2; 245E.04.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2018, section 245E.03, subdivision 2, is amended to read:
Subd. 2.
Failure to provide access.
new text begin (a) new text end Failure to provide access deleted text begin maydeleted text end new text begin shallnew text end result in
denial or termination of authorizations for or payments to a recipient, provider, license
holder, or controlling individual in the child care assistance program.
new text begin
(b) The intentional failure to provide access as required by subdivision 1 is punishable
as a misdemeanor. Notwithstanding any other law, when a court sentences a person for a
violation of this subdivision, it must impose a fine of not less than 50 percent of the maximum
fine authorized by law nor more than the maximum fine authorized by law. The minimum
fine required by this subdivision is in addition to the surcharge or assessment required by
section 357.021, subdivision 6, and is in addition to any sentence of imprisonment or
restitution imposed or ordered by the court. The provisions of section 609.101, subdivision
5, apply to a fine imposed under this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2018, section 245E.04, is amended to read:
245E.04 HONEST AND TRUTHFUL STATEMENTS.
new text begin (a) new text end It shall be deleted text begin unlawfuldeleted text end new text begin a gross misdemeanornew text end for a provider, license holder, controlling
individual, or recipient to:
(1) falsify, conceal, or cover up by any trick, scheme, or device a material fact;
(2) make any materially false, fictitious, or fraudulent statement or representation; or
(3) make or use any false writing or document knowing the same to contain any materially
false, fictitious, or fraudulent statement or entry related to any child care assistance program
services that the provider, license holder, or controlling individual supplies or in relation to
any child care assistance payments received by a provider, license holder, or controlling
individual or to any fraud investigator or law enforcement officer conducting a financial
misconduct investigation.
new text begin
(b) Notwithstanding any other law, when a court sentences a person for a violation of
this section, it must impose a fine of not less than 50 percent of the maximum fine authorized
by law nor more than the maximum fine authorized by law. The minimum fine required by
this section is in addition to the surcharge or assessment required by section 357.021,
subdivision 6, and is in addition to any sentence of imprisonment or restitution imposed or
ordered by the court. The provisions of section 609.101, subdivision 5, apply to a fine
imposed under this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end